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Understanding Law
Presents an overview of the English legal system. This work provides the groundwork for an understanding of legal institutions, processes and materials, and places the study of law within a framework of inquiry focusing on the evaluation and explanation of legal decision making at various levels. It examines the civil justice system after Woolf
Law, Technology and Society
This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, h...
Understanding Contract Law
Understanding Contract Law presents a succinct but intellectually challenging overview of contract law. Offering a unique analysis of contract doctrine (the authors' terminology of "market-individualism" and "consumer-welfarism" has been adopted wholesale), Understanding Contract Law explains how the contract rule-book emerged, and how the rule-book doctrines and particular judicial decisions reflect a range of underlying tensions (relating to the general ideologies of adjudication and the particular ideologies of contract)
The Oxford Handbook of Law, Regulation and Technology
The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environmen...
Rethinking Law, Regulation, and Technology
This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.
Law and the Technologies of the Twenty-First Century
Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.
Is Law Computable?
From rule of law to legal singularity / Simon Deakin and Christopher Markou -- Ex machina Lex : exploring the limits of legal computability / Christopher Markou and Simon Deakin -- Code-driven law : freezing the future and scaling the past / Mireille Hildebrandt -- Towards a democratic singularity? algorithmic governmentality, the eradication of politics and the possibility of resistance / John Morison -- Legal singularity and the reflexivity of law / Jennifer Cobbe -- Artificial intelligence + legal singularity : the thin end of the wedge, the thick end of the wedge / Roger Brownsword -- Automated systems and the need for change / Sylvie Delacroix -- Punishing artificial intelligence : legal fiction or science fiction / Ryan Abbott and Alex Sarch -- Not a single singularity / Lyria Bennett Moses -- The law of contested concepts? Reflections on Copyright Law and the legal and technological singularities / Dilan Thampapillai -- Capacitas ex machina : are computerised assessments of mental capacity a 'red line' or benchmark for AI? / Christopher Markou and Lily Hands.
Environmental Justice and the Rights of Unborn and Future Generations
The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.
The Law of Contract
The second edition of this successful work brings the coverage up-to-date with all key developments and relevant changes since 1998. It provides a comprehensive and authoritative treatment of all aspects of the law of contract. It differs to other texts on the topic by offering a fresh, new approach. Analysing the current law, it also highlights possible future developments. Accessible and authoritative, it is designed specifically to meet the needs of the modern practitioner.
Consent in the Law
In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. I...
